On October 13, 2020, the Supreme Court agreed to decide whether the Patent Trial and Appeal Board, as created by the AIA, violates the Appointments Clause in Article II of the Constitution. The Court granted certiorari in three consolidated cases (United States v. Arthrex, Inc., et al. 19-1434; Smith & Nephew, Inc., et al. v. Arthrex, Inc., et al., 19-1452; and Arthrex, Inc., v. Smith & Nephew, Inc., et al., 19-1458), but limited its review to two specific questions

The USPTO published a Final Rule on August 3, 2020 in a Federal Register Notice, announcing fee changes that take effect October 2, 2020. The Final Rule includes an approximate 5-10% increase to most fees impacted by the rule, with some larger increases, notably in issue and maintenance fees, maintenance late fees, and PTAB fees. Four fees were discontinued.

AIPLA congratulates Shira Perlmutter on her appointment as the 14th Register of Copyrights. Her extensive experience in intellectual property law will be a tremendous benefit to the Office.

The US Court of Appeals for the Sixth Circuit on September 9, 2020, held that two former Royal Truck & Trailer Sales & Service Inc. employees didn’t violate the anti-hacking Computer Fraud and Abuse Act by forwarding and misusing confidential company information because they had permission to access it.

The US Court of Appeals for the Ninth Circuit on September 8, 2020, held that the musical “Jersey Boys” doesn’t infringe the copyright in a Four Seasons band member’s autobiography because any similarities between the works are based on historical facts.